The Future of the Voting Rights Act: Shelby County v. Holder

In Shelby County v. Holder, the Supreme Court is expected to decide whether Congress exceeded its authority in 2006 when it reauthorized section 5 of the Voting Rights Act for an additional 25 years. Section 5, initially adopted in 1965 as the centerpiece of the Voting Rights Act, requires covered jurisdictions to obtain permission from the Department of Justice or a three-judge court in D.C. before implementing any voting change. The law has been indisputably successful in combating discrimination, but its critics say that improved conditions make it no longer necessary. They also contend that the formula for determining which jurisdictions are covered is outdated. Will the Court strike down this iconic civil rights act? If so, what effect is the Court's decision likely to produce?

Presented by the Program on Law and Government, ACS and the ABA Section of Individual Rights and Responsibilities/Civil Rights Committee

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